§ 3202. Application

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Coast Guard Regulatory Reform Act of 1996

   Pub. L. 104–324 title VI § 602(a) · 110 Stat. 3901

   Enacted · 46 U.S.C. § 3202

   Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3928

   Source evidence

   Code source credit
   Added Pub. L. 104–324, title VI, § 602(a), Oct. 19, 1996, 110 Stat. 3928

   Enacted provision · exact public law section
   (a) Management of Vessels.— Title 46, United States Code, is amended by adding after chapter 31 the following new chapter: “CHAPTER 32— MANAGEMENT OF VESSELS “Sec. “3201. Definitions “3202. Application. “3203. Safety management system. “3204. Implementation of safety management system. “3205. Certification. “§ 3201. Definitions “In this chapter— “(1) ‘International Safety Management Code’ has the same meaning given that term in chapter IX of the Annex to the International Convention for the Safety of Life at Sea, 1974; “(2) ‘responsible person’ means— “(A) the owner of a vessel to which this chapter applies; or “(B) any other person that has— “(i) assumed the responsibility for operation of a vessel to which this chapter applies from the owner; and “(ii) agreed to assume with respect to the vessel responsibility for complying with all the requirements of this chapter and the regulations prescribed under this chapter. “(3) ‘vessel engaged on a foreign voyage’ means a vessel to which this chapter applies— “(A) arriving at a place under the jurisdiction of the United States from a place in a foreign country; “(B) making a voyage between places outside the United States; or “(C) departing from a place under the jurisdiction of the United States for a place in a foreign country. “§ 3202. Application “(a) Mandatory Application.— This chapter applies to the following vessels engaged on a foreign voyage: “(1) Beginning July 1, 1998— “(A) a vessel transporting more than 12 passengers described in section 2101(21)(A) of this title; and “(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons. “(2) Beginning July 1, 2002, a freight vessel and a self-propelled mobile offshore drilling unit of at least 500 gross tons. “(b) Voluntary Application.— This chapter applies to a vessel not described in subsection (a) of this section if the owner of the vessel requests the Secretary to apply this chapter to the vessel. “(c) Exception.— Except as provided in subsection (b) of this section, this chapter does not apply to— “(1) a barge; “(2) a recreational vessel not engaged in commercial service; “(3) a fishing vessel; “(4) a vessel operating on the Great Lakes or its tributary and connecting waters; or “(5) a public vessel. “§ 3203. Safety management system “(a) In General.— The Secretary shall prescribe regulations which establish a safety management system for responsible persons and vessels to which this chapter applies, including— “(1) a safety and environmental protection policy; “(2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and United States law; “(3) defined levels of authority and lines of communications between, and among, personnel on shore and on the vessel; “(4) procedures for reporting accidents and nonconformities with this chapter; “(5) procedures for preparing for and responding to emergency situations; and “(6) procedures for internal audits and management reviews of the system. “(b) Compliance With Code.— Regulations prescribed under this section shall be consistent with the International Safety Management Code with respect to vessels engaged on a foreign voyage. “§ 3204. Implementation of safety management system “(a) Safety Management Plan.— Each responsible person shall establish and submit to the Secretary for approval a safety management plan describing how that person and vessels of the person to which this chapter applies will comply with the regulations prescribed under section 3203(a) of this title. “(b) Approval.— Upon receipt of a safety management plan submitted under subsection (a), the Secretary shall review the plan and approve it if the Secretary determines that it is consistent with and will assist in implementing the safety management system established under section 3203. “(c) Prohibition on Vessel Operation.— A vessel to which this chapter applies under section 3202(a) may not be operated without having on board a Safety Management Certificate and a copy of a Document of Compliance issued for the vessel under section 3205 of this title. “§ 3205. Certification “(a) Issuance of Certificate and Document.— After verifying that the responsible person for a vessel to which this chapter applies and the vessel comply with the applicable requirements under this chapter, the Secretary shall issue for the vessel, on request of the responsible person, a Safety Management Certificate and a Document of Compliance. “(b) Maintenance of Certificate and Document.— A Safety Management Certificate and a Document of Compliance issued for a vessel under this section shall be maintained by the responsible person for the vessel as required by the Secretary. “(c) Verification of Compliance.— The Secretary shall— “(1) periodically review whether a responsible person having a safety management plan approved under section 3204(b) and each vessel to which the plan applies is complying with the plan; and “(2) revoke the Secretary’s approval of the plan and each Safety Management Certificate and Document of Compliance issued to the person for a vessel to which the plan applies, if the Secretary determines that the person or a vessel to which the plan applies has not complied with the plan. “(d) Enforcement.— At the request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 U.S.C. App. 91) of a vessel that is subject to this chapter under section 3202(a) of this title or to the International Safety Management Code, if the vessel does not have on board a Safety Management Certificate and a copy of a Document of Compliance for the vessel. Clearance may be granted on filing a bond or other surety satisfactory to the Secretary.”.

2. 2004

   Pub. L. 108–293 title IV § 405(a) · 118 Stat. 1028

   Amended · 46 U.S.C. § 3202(a)

   Pub. L. 108–293 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This chapter applies to the following vessels engaged on a foreign voyage:

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–293 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “This chapter applies to the following vessels engaged on a foreign voyage:

   “(1) Beginning July 1, 1998— “(A) a vessel transporting more than 12 passengers described in section 2101(21)(A) of this title; and “(B) a tanker, bulk freight vessel, or high-speed freight vessel, of at least 500 gross tons. “(2) Beginning July 1, 2002, a freight vessel and a self-propelled mobile offshore drilling unit of at least 500 gross tons.”

   Enacted provision · exact public law section
   (a) Application of Existing Law.— Section 3202(a) of title 46, United States Code, is amended to read as follows: “(a) Mandatory Application.— This chapter applies to a vessel that— “(1) (A) is transporting more than 12 passengers described in section 2101(21)(A) of this title; or “(B) is of at least 500 gross tons as measured under section 14302 of this title and is a tanker, freight vessel, bulk freight vessel, high speed freight vessel, or self-propelled mobile offshore drilling unit; and “(2) (A) is engaged on a foreign voyage; or “(B) is a foreign vessel departing from a place under the jurisdiction of the United States on a voyage, any part of which is on the high seas.” .

3. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 610(a)(1) · 124 Stat. 2905

   Substituted · 46 U.S.C. § 3202(a)

   Pub. L. 111–281, § 610(a)(1), substituted “Foreign Voyages and Foreign Vessels.—” for “Mandatory Application.—” in heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–281, § 610(a)(1), substituted “Foreign Voyages and Foreign Vessels.—” for “Mandatory Application.—” in heading.

   Enacted provision · exact public law section
   (1) in subsection (a) by striking the heading and inserting “Foreign Voyages and Foreign Vessels.—”;

4. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 610(a)(2) · 124 Stat. 2905

   1. Added · 46 U.S.C. § 3202(b)(d)

      Pub. L. 111–281, § 610(a)(2)–(4), added subsec. (b)

   2. Redesignated · 46 U.S.C. § 3202(b)(d)

      Pub. L. 111–281, § 610(a)(2)–(4), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and, in introductory provisions of subsec. (d)

   3. Substituted · 46 U.S.C. § 3202(b)(d)

      Pub. L. 111–281, § 610(a)(2)–(4), substituted “subsection (c)” for “subsection (b)”

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 111–281, § 610(a)(2)–(4), added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), respectively, and, in introductory provisions of subsec. (d), substituted “subsection (c)” for “subsection (b)”.

   Enacted provision · exact public law section
   (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;

5. 2010

   Maritime Safety Act of 2010

   Pub. L. 111–281 § 610(a)(5) · 124 Stat. 2905

   Inserted · 46 U.S.C. § 3202(d)(4)

   Pub. L. 111–281, § 610(a)(5), inserted “that is not described in subsection (b) of this section” after “connecting waters”

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 111–281, § 610(a)(5), inserted “that is not described in subsection (b) of this section” after “connecting waters”.

   Enacted provision · exact public law section
   (5) in subsection (d)(4), as so redesignated, by inserting “that is not described in subsection (b) of this section” after “waters”.

6. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. C title XXXV § 3541(b)(8) · 132 Stat. 1636

   Substituted · 46 U.S.C. § 3202(a)(1)(A)

   Pub. L. 115–232 substituted “section 2101(29)(A)” for “section 2101(21)(A)”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 115–232 substituted “section 2101(29)(A)” for “section 2101(21)(A)”.

   Enacted provision · exact public law section
   (8) Section 3202(a)(1)(A) of title 46, United States Code, is amended by striking “section 2101(21)(A)” and inserting “section 2101(29)(A)”.

7. 2021

   Elijah E. Cummings Coast Guard Authorization Act of 2020

   Pub. L. 116–283 div. G title LVXXXIV · 134 Stat. 3388

   1. Amended · 46 U.S.C. § 3202(b)

      Pub. L. 116–283 designated existing provisions as par. (1)

   2. Inserted · 46 U.S.C. § 3202(b)

      Pub. L. 116–283 inserted heading

   3. Redesignated · 46 U.S.C. § 3202(b)

      Pub. L. 116–283 redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins

   4. Added · 46 U.S.C. § 3202(b)

      Pub. L. 116–283 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 116–283 designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1) and realigned margins, and added par. (2).

   Enacted provision · exact public law
   TITLE LVXXXIV— MISCELLANEOUS Subtitle A— Navigation and Shipping Sec. 8401.  Coastwise trade. Sec. 8402.  Towing vessels operating outside boundary line. Sec. 8403.  Sense of Congress regarding the maritime industry of the United States. Sec. 8404.  Cargo preference study. Sec. 8405.  Towing vessel inspection fees review. Subtitle B— Maritime Domain Awareness Sec. 8411.  Unmanned maritime systems and satellite vessel tracking technologies. Sec. 8412.  Unmanned aircraft systems testing. Sec. 8413.  Land-based unmanned aircraft system program of Coast Guard. Sec. 8414.  Prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 8415.  United States commercial space-based radio frequency maritime domain awareness testing and evaluation program. Sec. 8416.  Authorization of use of automatic identification systems devices to mark fishing equipment. Subtitle C— Arctic Sec. 8421.  Coast Guard Arctic prioritization. Sec. 8422.  Arctic PARS Native engagement. Sec. 8423.  Voting requirement. Sec. 8424.  Report on the Arctic capabilities of the Armed Forces. Sec. 8425.  Report on Arctic search and rescue. Sec. 8426.  Arctic Shipping Federal Advisory Committee. Subtitle D— Other Matters Sec. 8431.  Plan for wing-in-ground demonstration plan. Sec. 8432.  Northern Michigan oil spill response planning. Sec. 8433.  Documentation of LNG tankers. Sec. 8434.  Replacement vessel. Sec. 8435.  Educational vessel. Sec. 8436.  Waters deemed not navigable waters of the United States for certain purposes. Sec. 8437.  Anchorages. Sec. 8438.  Comptroller General of the United States study and report on vertical evacuation for tsunamis at Coast Guard Stations in Washington and Oregon. Sec. 8439.  Authority to enter into agreements with National Coast Guard Museum Association. Sec. 8440.  Video equipment; access and retention of records. Sec. 8441.  Regulations for covered small passenger vessels. Subtitle A— Navigation and Shipping SEC. 8401. COASTWISE TRADE. (a) In General.— The Commandant shall review the adequacy of and continuing need for provisions in title 46, Code of Federal Regulations, that require a United States vessel documented under chapter 121 of title 46, United States Code, possessing a coastwise endorsement under that chapter, and engaged in coastwise trade, to comply with regulations for vessels engaged in an international voyage. (b) Briefing.— Not later than 180 days after the date of the enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the findings of the review required under subsection (a) and a discussion of how existing laws and regulations could be amended to ensure the safety of vessels described in subsection (a) while infringing as little as possible on commerce. SEC. 8402. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE. (a) Definitions.— In this section— (1) the term “Boundary Line” has the meaning given the term in section 103 of title 46, United States Code; (2) the term “Officer in Charge, Marine Inspection” has the meaning given the term in section 3305(d)(4) of title 46, United States Code; and (3) the term “Secretary” means the Secretary of the Department in which the Coast Guard is operating. (b) Interim Exemption.— A towing vessel described in subsection (c) and a response vessel included on a vessel response plan are exempt from any additional requirements of subtitle II of title 46, United States Code, and chapter I of title 33 and chapter I of title 46, Code of Federal Regulations (as in effect on the date of the enactment of this Act), that would result solely from such vessel operating outside the Boundary Line, if— (1) the vessel is— (A) operating outside the Boundary Line solely to perform regular harbor assist operations; or (B) listed as a response vessel on a vessel response plan and is operating outside the Boundary Line solely to perform duties of a response vessel; (2) the vessel is approved for operations outside the Boundary Line by the Officer in Charge, Marine Inspection and the Coast Guard Marine Safety Center; and (3) the vessel has sufficient manning and lifesaving equipment for all persons on board, in accordance with part 15 and section 141.225 of title 46, Code of Federal Regulations (or any successor regulation). (c) Applicability.— This section applies to a towing vessel— (1) that is subject to inspection under chapter 33 of title 46, United States Code, and subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation); (2) with only “Lakes, Bays, and Sounds” or “Rivers” routes recorded on such vessel’s certificate of inspection pursuant to section 136.230 of title 46, Code of Federal Regulations (or any successor regulation); (3) that, with respect to a vessel described in subsection (b)(1)(A), is operating as a harbor assist vessel and regularly engaged in harbor assist operations, including the docking, undocking, mooring, unmooring, and escorting of vessels with limited maneuverability; and (4) that, with respect to a vessel that is described in subsection (b)(1)(B), is listed— (A) on a vessel response plan under part 155 of title 33, Code of Federal Regulations, on the date of approval of the vessel response plan; or (B) by name or reference in the vessel response plan’s geographic-specific appendix on the date of approval of the vessel response plan. (d) Limitations.— A vessel exempted under subsection (b) is subject to the following operating limitations: (1) The voyage of a vessel described in subsection (b)(1)(A) shall— (A) be less than 12 hours in total duration; (B) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and (C) occur no further than 10 nautical miles from the Boundary Line. (2) The voyage of a vessel described in subsection (b)(1)(B) shall— (A) originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and (B) either— (i) in the case of a voyage in the territorial waters of Alaska, Guam, Hawaii, American Samoa, and the Northern Mariana Islands, have sufficient manning as determined by the Secretary; or (ii) be less than 12 hours. (e) Safety.— (1) Safety restrictions.— The Officer in Charge, Marine Inspection for an inspection zone may restrict operations under the interim exemption provided under subsection (b) for safety purposes. (2) Comprehensive lists.— The Officer in Charge, Marine Inspection for an inspection zone shall maintain and periodically update a comprehensive list of all towing vessels described in subsection (c) that operate in the inspection zone. (3) Notification.— Not later than 24 hours prior to intended operations outside of the Boundary Line, a towing vessel exempted under subsection (b) shall notify the Office in Charge, Marine Inspection for the inspection zone of such operations. Such notification shall include— (A) the date, time, and length of voyage; (B) a crew list, with each crew member’s credentials and work hours; and (C) an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board. (f) Briefing.— Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the following: (1) The impacts of the interim exemption provided under this section. (2) Any safety concerns regarding the expiration of such interim exemption. (3) Whether such interim exemption should be extended. (g) Termination.— The interim exemption provided under subsection (b) shall terminate on the date that is 2 years after the date of the enactment of this Act. SEC. 8403. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY OF THE UNITED STATES.   It is the sense of Congress that the maritime industry of the United States contributes to the Nation’s economic prosperity and national security. SEC. 8404. CARGO PREFERENCE STUDY. (a) In General.— The Comptroller General of the United States shall conduct an audit regarding the enforcement of the United States Cargo Preference Laws set forth in sections 55302, 55303, 55304, and 55305 of title 46, United States Code, and section 2631 of title 10, United States Code (hereinafter in this section referred to as the “United States Cargo Preference Laws”). (b) Scope.— The audit conducted under subsection (a) shall include, for the period from October 14, 2008, until the date of the enactment of this Act— (1) a listing of the agencies and organizations required to comply with the United States Cargo Preference Laws; (2) an analysis of the compliance or noncompliance of such agencies and organizations with such laws, including— (A) the total amount of oceangoing cargo that each such agency, organization, or contractor procured for its own account or for which financing was in any way provided with Federal funds, including loan guarantees; (B) the percentage of such cargo shipped on privately owned commercial vessels of the United States; (C) an assessment of internal programs and controls used by each such agency or organization to monitor and ensure compliance with the United States Cargo Preference Laws, to include education, training, and supervision of its contracting personnel, and the procedures and controls used to monitor compliance with cargo preference requirements by contractors and subcontractors; and (D) instances in which cargoes are shipped on foreign-flag vessels under non-availability determinations but not counted as such for purposes of calculating cargo preference compliance; and (3) an overview of enforcement activities undertaken by the Maritime Administration from October 14, 2008, until the date of the enactment of this Act, including a listing of all bills of lading collected by the Maritime Administration during that period. (c) Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the audit and providing recommendations related to such results, to include— (1) actions that should be taken by agencies and organizations to fully comply with the United States Cargo Preference Laws; and (2) Other measures that may compel agencies and organizations, and their contractors and subcontractors, to use United States flag vessels in the international transportation of ocean cargoes as mandated by the United States Cargo Preference Laws. SEC. 8405. TOWING VESSEL INSPECTION FEES REVIEW.    Deadline. Not later than 180 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (1) the results of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282); and (2) a copy of any regulation required pursuant to section 815(b) of such Act to establish specific inspection fees for such vessels. Subtitle B— Maritime Domain Awareness SEC. 8411. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL TRACKING TECHNOLOGIES. (a) Assessment.— The Commandant, acting through the Blue Technology Center of Expertise, shall regularly assess available unmanned maritime systems and satellite vessel tracking technologies for potential use to support missions of the Coast Guard. (b) Report.— (1) In general.— Not later than 1 year after the date of the enactment of this Act, and biennially thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the actual and potential effects of the use of then-existing unmanned maritime systems and satellite vessel tracking technologies on the mission effectiveness of the Coast Guard. (2) Contents.— Each report submitted under paragraph (1) shall include the following: (A) An inventory of current unmanned maritime systems used by the Coast Guard, an overview of such usage, and a discussion of the mission effectiveness of such systems, including any benefits realized or risks or negative aspects of such usage. (B) An inventory of satellite vessel tracking technologies, and a discussion of the potential mission effectiveness of such technologies, including any benefits or risks or negative aspects of such usage. (C) A prioritized list of Coast Guard mission requirements that could be met with additional unmanned maritime systems, or with satellite vessel tracking technologies, and the estimated costs of accessing, acquiring, or operating such systems, taking into consideration the interoperability of such systems with the current and future fleet of— (i) National Security Cutters; (ii) Fast Response Cutters; (iii) Offshore Patrol Cutters; (iv) Polar Security Cutters; and (v) in-service legacy cutters, including the 210- and 270-foot medium endurance cutters and 225-foot Buoy Tenders. (c) Definitions.— In this section: (1) Unmanned maritime systems.— (A) In general.— The term “unmanned maritime systems” means— (i) remotely operated or autonomous vehicles produced by the commercial sector designed to travel in the air, on or under the ocean surface, on land, or any combination thereof, and that function without an on-board human presence; and (ii) associated components of such vehicles, including control and communications systems, data transmission systems, and processing systems. (B) Examples.— Such term includes the following: (i) Unmanned undersea vehicles. (ii) Unmanned surface vehicles. (iii) Unmanned aerial vehicles. (iv) Autonomous underwater vehicles. (v) Autonomous surface vehicles. (vi) Autonomous aerial vehicles. (2) Available unmanned maritime systems.— The term “available unmanned maritime systems” includes systems that can be purchased commercially or are in use by the Department of Defense or other Federal agencies. (3) Satellite vessel tracking technologies.— The term “satellite vessel tracking technologies” means shipboard broadcast systems that use satellites and terrestrial receivers to continually track vessels. SEC. 8412. UNMANNED AIRCRAFT SYSTEMS TESTING. (a) Training Area.— The Commandant shall carry out and update, as appropriate, a program for the use of one or more training areas to facilitate the use of unmanned aircraft systems and small unmanned aircraft to support missions of the Coast Guard. (b) Designation of Area.— (1) In general.— Not later than 180 days after the date of enactment of this Act, the Commandant shall, as part of the program under subsection (a), designate an area for the training, testing, and development of unmanned aircraft systems and small unmanned aircraft. (2) Considerations.— In designating a training area under paragraph (1), the Commandant shall— (A) ensure that such training area has or receives all necessary Federal Aviation Administration flight authorization; and (B) take into consideration all of the following attributes of the training area: (i) Direct over-water maritime access from the site. (ii) The availability of existing Coast Guard support facilities, including pier and dock space. (iii) Proximity to existing and available offshore Warning Area airspace for test and training. (iv) Existing facilities and infrastructure to support unmanned aircraft system-augmented, and small unmanned aircraft-augmented, training, evaluations, and exercises. (v) Existing facilities with a proven track record of supporting unmanned aircraft systems and small unmanned aircraft systems flight operations. (c) Definitions.— In this section— (1) the term “existing” means as of the date of enactment of this Act; and (2) the terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49, United States Code. SEC. 8413. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF COAST GUARD. (a) Funding for Certain Enhanced Capabilities.— Section 319 of title 14, United States Code, is amended by adding at the end the following new subsection: “(c) Funding for Certain Enhanced Capabilities.— In each of fiscal years 2020 and 2021, the Commandant may provide additional funding of $5,000,000 for additional long-range maritime patrol aircraft, acquired through full and open competition.” . (b) Report on Use of Unmanned Aircraft Systems for Certain Surveillance.— (1) Report required.— Not later than March 31, 2021, the Commandant, in coordination with the Administrator of the Federal Aviation Administration on matters related to aviation safety and civilian aviation and aerospace operations, shall submit to the appropriate committees of Congress a report setting forth an assessment of the feasibility and advisability of using unmanned aircraft systems for surveillance of marine protected areas, the transit zone, and the Arctic in order to— (A) establish and maintain regular maritime domain awareness of such areas; (B) ensure appropriate response to illegal activities in such areas; and (C) collaborate with State, local, and tribal authorities, and international partners, in surveillance missions over their waters in such areas. (2) Appropriate committees of congress defined.— In this subsection, the term “appropriate committees of Congress” means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives. SEC. 8414. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS. (a) Prohibition on Agency Operation or Procurement.— The Commandant may not operate or enter into or renew a contract for the procurement of— (1) an unmanned aircraft system that— (A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; (C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or (D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or (2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of unmanned aircraft systems. (b) Exemption.— (1) In general.— The Commandant is exempt from the restriction under subsection (a) if— (A) the operation or procurement is for the purposes of— (i) counter-UAS system surrogate testing and training; or (ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or (B) the Commandant receives a certification from the Coast Guard unit requesting to operate or procure an unmanned aircraft system otherwise restricted under subsection (a), which shall include supporting manufacturer information, that the unmanned aircraft system does not— (i) connect to the internet or an outside telecommunications service; (ii) connect to other devices or electronics, except as necessary to perform the mission; or (iii) perform any missions in support of classified information or that may threaten national security. (2) Expiration.— The authority under this subsection to operate or procure an unmanned aircraft system otherwise restricted under subsection (a) expires on the date that is 2 years after the date of the enactment of this Act. (c) Waiver.— The Commandant may waive the restriction under subsection (a) on a case by case basis by certifying in writing to the Department of Homeland Security and the relevant committees of jurisdiction that the operation or procurement is required in the national interest of the United States. (d) Definitions.— In this section: (1) Covered foreign country.— The term “covered foreign country” means the People’s Republic of China. (2) Counter-UAS system.— The term “counter-UAS system” has the meaning given such term in section 44801 of title 49, United States Code. (3) Unmanned aircraft system.— The term “unmanned aircraft system” has the meaning given such term in section 44801 of title 49, United States Code. SEC. 8415. UNITED STATES COMMERCIAL SPACE-BASED RADIO FREQUENCY MARITIME DOMAIN AWARENESS TESTING AND EVALUATION PROGRAM. (a) Testing and Evaluation Program.— The Commandant, acting through the Blue Technology Center of Expertise, shall carry out a testing and evaluation program of United States commercial space-based radio frequency geolocation and maritime domain awareness products and services to support the mission objectives of maritime enforcement by the Coast Guard and other components of the Coast Guard. The objectives of this testing and evaluation program shall include— (1) developing an understanding of how United States commercial space-based radio frequency data products can meet current and future mission requirements; (2) establishing how United States commercial space-based radio frequency data products should integrate into existing work flows; and (3) establishing how United States commercial space-based radio frequency data products could be integrated into analytics platforms. (b) Report.— Not later than 240 days after the date of enactment of this Act, the Commandant shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the testing and evaluation program under subsection (a), including recommendations on how the Coast Guard should fully exploit United States commercial space-based radio frequency data products to meet current and future mission requirements. SEC. 8416. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION SYSTEMS DEVICES TO MARK FISHING EQUIPMENT. (a) Definitions.— In this section— (1) the term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration Administrator; (2) the term “Automatic Identification System” has the meaning given the term in section 164.46(a) of title 33, Code of Federal Regulations, or any successor regulation; (3) the term “Automatic Identification System device” means a covered device that operates in radio frequencies assigned for Automatic Identification System stations; (4) the term “Commission” means the Federal Communications Commission; and (5) the term “covered device” means a device used to mark fishing equipment. (b) Rulemaking Required.— Not later than 180 days after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, and in consultation with the Commandant and the Secretary of State, shall initiate a rulemaking proceeding to consider whether to authorize covered devices to operate in radio frequencies assigned for Automatic Identification System stations. (c) Considerations.— In conducting the rulemaking under subsection (b), the Commission shall consider whether imposing requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the authorization of covered devices to operate in radio frequencies assigned for Automatic Identification System stations consistent with the core purpose of the Automatic Identification System to prevent maritime accidents. Subtitle C— Arctic SEC. 8421. COAST GUARD ARCTIC PRIORITIZATION. (a) Findings.— Congress makes the following findings: (1) The strategic importance of the Arctic continues to increase as the United States and other countries recognize the military significance of the sea lanes and choke points within the region and understand the potential for power projection from the Arctic into multiple regions. (2) Russia and China have conducted military exercises together in the Arctic, have agreed to connect the Northern Sea Route, claimed by Russia, with China’s Maritime Silk Road, and are working together in developing natural gas resources in the Arctic. (3) The economic significance of the Arctic continues to grow as countries around the globe begin to understand the potential for maritime transportation through, and economic and trade development in, the region. (4) Increases in human, maritime, and resource development activity in the Arctic region may create additional mission requirements for the Department of Defense and the Department of Homeland Security. (5) The increasing role of the United States in the Arctic has been highlighted in each of the last four national defense authorization acts. (6) The United States Coast Guard Arctic Strategic Outlook released in April 2019 states, “Demonstrating commitment to operational presence, Canada, Denmark, and Norway have made strategic investments in ice-capable patrol ships charged with national or homeland security missions. The United States is the only Arctic State that has not made similar investments in ice-capable surface maritime security assets. This limits the ability of the Coast Guard, and the Nation, to credibly uphold sovereignty or respond to contingencies in the Arctic.”. (b) Sense of Congress.— It is the sense of Congress that— (1) the Arctic is a region of strategic importance to the national security interests of the United States, and the Coast Guard must better align its mission prioritization and development of capabilities to meet the growing array of challenges in the region; (2) the increasing freedom of navigation and expansion of activity in the Arctic must be met with an increasing show of Coast Guard forces capable of exerting influence through persistent presence; (3) Congress fully supports the needed and important re-capitalization of the fleet of cutters and aircraft of the Coast Guard, but, the Coast Guard must avoid overextending operational assets for remote international missions at the cost of dedicated focus on this domestic area of responsibility with significant international interest and activity; and (4) although some progress has been made to increase awareness of Arctic issues and to promote increased presence in the region, additional measures are needed to protect vital economic, environmental, and national security interests of the United States, and to show the commitment of the United States to this emerging strategic choke point of increasing great power competition. (c) Arctic Defined.— In this section, the term “Arctic” has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). SEC. 8422. ARCTIC PARS NATIVE ENGAGEMENT.   The Commandant shall— (1) engage directly with local coastal whaling and fishing communities in the Arctic region when conducting the Alaskan Arctic Coast Port Access Route Study, in accordance with chapter 700 of title 46, United States Code, and as described in the notice of study published in the Federal Register on December 21, 2018 (83 Fed. Reg. 65701); and (2) consider the concerns of the Arctic coastal community regarding any Alaskan Arctic Coast Port Access Route, including safety needs and concerns. SEC. 8423. VOTING REQUIREMENT.   Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv)) is amended to read as follows: “(iv) Voting requirement.— The panel may act only by the affirmative vote of at least 5 of its members, except that any decision made pursuant to the last sentence of subparagraph (C) shall require the unanimous vote of all 6 members of the panel.” . SEC. 8424. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED FORCES. (a) Report Required.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the appropriate committees of Congress a report setting forth the results of a study on the Arctic capabilities of the Armed Forces. Contracts. The Secretary shall enter into a contract with an appropriate federally funded research and development center for the conduct of the study. (b) Elements.— The report required by subsection (a) shall include the following: (1) A comparison of the capabilities of the United States, the Russian Federation, the People’s Republic of China, and other countries operating in the Arctic, including an assessment of the ability of the navy of each such country to operate in varying sea-ice conditions. (2) A description of commercial and foreign military surface forces currently operating in the Arctic in conditions inaccessible to Navy surface forces. (3) An assessment of the potential security risk posed to Coast Guard forces by military forces of other countries operating in the Arctic in conditions inaccessible to Navy surface or aviation forces in the manner such forces currently operate. (4) A comparison of the domain awareness capabilities of— (A) Coast Guard forces operating alone; and (B) Coast Guard forces operating in tandem with Navy surface and aviation forces and the surface and aviation forces of other allies. (5) A comparison of the defensive capabilities of— (A) Coast Guard forces operating alone; and (B) Coast Guard forces operating in mutual defense with Navy forces, other Armed Forces, and the military forces of allies. (c) Form.— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (d) Appropriate Committees of Congress Defined.— In this section, the term “appropriate committees of Congress” means— (1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives. SEC. 8425. REPORT ON ARCTIC SEARCH AND RESCUE. (a) In General.— Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the search and rescue capabilities of the Coast Guard in Arctic coastal communities. (b) Contents.— The report under subsection (a) shall include the following: (1) An identification of ways in which the Coast Guard can more effectively partner with Arctic coastal communities to respond to search and rescue incidents through training, funding, and deployment of assets. (2) An analysis of the costs of forward deploying on a seasonal basis Coast Guard assets in support of such communities for responses to such incidents. SEC. 8426. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE. (a) Purpose.— The purpose of this section is to establish a Federal advisory committee to provide policy recommendations to the Secretary of Transportation on positioning the United States to take advantage of emerging opportunities for Arctic maritime transportation. (b) Definitions.— In this section: (1) Advisory committee.— The term “Advisory Committee” means the Arctic Shipping Federal Advisory Committee established under subsection (c)(1). (2) Arctic.— The term “Arctic” has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). (3) Arctic sea routes.— The term “Arctic Sea Routes” means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage. (c) Establishment of the Arctic Shipping Federal Advisory Committee.— (1) Establishment of advisory committee.— (A) In general.— The Secretary of Transportation, in coordination with the Secretary of State, the Secretary of Defense acting through the Secretary of the Army and the Secretary of the Navy, the Secretary of Commerce, and the Secretary of the Department in which the Coast Guard is operating, shall establish an Arctic Shipping Federal Advisory Committee in the Department of Transportation to advise the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on matters related to Arctic maritime transportation, including Arctic seaway development. (B) Meetings.— The Advisory Committee shall meet at the call of the Chairperson, and at least once annually in Alaska. (2) Membership.— (A) In general.— The Advisory Committee shall be composed of 17 members as described in subparagraph (B). (B) Composition.— The members of the Advisory Committee shall be— (i) 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee; (ii) 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee; (iii) 1 designee of the Secretary of Commerce; (iv) 1 designee of the Secretary of State; (v) 1 designee of the Secretary of Transportation; (vi) 1 designee of the Secretary of Defense; (vii) 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation; (viii) 1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation; (ix) 3 Alaska Native Tribal members; (x) 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation; (xi) 1 individual representing coastal communities affected by Arctic maritime transportation; (xii) 1 individual representing vessels of the United States (as defined in section 116 of title 46, United States Code) participating in the shipping industry; (xiii) 1 individual representing the marine safety community; (xiv) 1 individual representing the Arctic business community; and (xv) 1 individual representing maritime labor organizations. (C) Terms.— (i) Limitations.— Each member of the Advisory Committee described in clauses (vii) through (xv) of subparagraph (B) shall serve for a 2-year term and shall not be eligible for more than 2 consecutive term reappointments. (ii) Vacancies.— Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (3) Functions.— The Advisory Committee shall carry out all of the following functions: (A) Develop a set of policy recommendations that would enhance the leadership role played by the United States in improving the safety and reliability of Arctic maritime transportation in accordance with customary international maritime law and existing Federal authority. Such policy recommendations shall consider options to establish a United States entity that could perform the following functions in accordance with United States law and customary international maritime law: (i) Construction, operation, and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes, including potential new deep draft and deepwater ports. (ii) Provision of services that are not widely commercially available in the United States Arctic that would— (I) improve Arctic maritime safety and environmental protection; (II) enhance Arctic maritime domain awareness; and (III) support navigation and incident response for vessels transiting the Arctic Sea Routes. (iii) Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services. (B) As an option under subparagraph (A), consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation, and— (i) develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or (ii) if the Advisory Committee decides against recommending the establishment of such a corporation, provide a written explanation as to the rationale for the decision and develop an alternative, as practicable. (C) Provide advice and recommendations, as requested, to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation, including seaway development, and consider national security interests, where applicable, in such recommendations. (D) In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes. (d) Report to Congress.— Not later than 2 years after the date of enactment of this Act, the Advisory Committee shall submit a report with its recommendations under subparagraphs (A) and (B) of subsection (c)(3) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (e) Termination of the Advisory Committee.— Not later than 8 years after the submission of the report described in subsection (d), the Secretary of Transportation shall dissolve the Advisory Committee. (f) International Engagement.— If a Special Representative for the Arctic Region is appointed by the Secretary of State, the duties of that Representative shall include— (1) coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and (2) facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation. (g) Tribal Consultation.— In implementing any of the recommendations provided under subsection (c)(3)(C), the Secretary of Transportation shall consult with Alaska Native tribes. Subtitle D— Other Matters SEC. 8431. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN. (a) In General.— (1) The Commandant, in coordination with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace, air space authorization, or aviation, shall develop plans for a demonstration program that will determine whether wing-in-ground craft, as such term is defined in section 2101 of title 46, United States Code, that is capable of carrying at least one individual, can— (A) provide transportation in areas in which energy exploration, development or production activity takes place on the Outer Continental Shelf; and (B) under the craft’s own power, safely reach helidecks or platforms located on offshore energy facilities. (2) Requirements.— The plans required under paragraph (1) shall— (A) examine and explain any safety issues with regard to the operation of the such craft as a vessel, or as an aircraft, or both; (B) include a timeline and technical milestones for the implementation of such a demonstration program; (C) outline resource requirements needed to undertake such a demonstration program; (D) describe specific operational circumstances under which the craft may be used, including distance from United States land, altitude, number of individuals, amount of cargo, and speed and weight of vessel; (E) describe the operations under which Federal Aviation Administration statutes, regulations, circulars, or orders apply; and (F) describe the certifications, permits, or authorizations required to perform any operations. (b) Report.— Not later than 1 year after the date of the enactment of this Act, the Commandant, along with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace, air space authorization, or aviation, shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate on the plan developed under subsection (a), including— (1) any regulatory changes needed regarding inspections and manning, to allow such craft to operate between onshore facilities and offshore energy facilities when such craft is operating as a vessel; (2) any regulatory changes that would be necessary to address potential impacts to air traffic control, the National Airspace System, and other aircraft operations, and to ensure safe operations on or near helidecks and platforms located on offshore energy facilities when such craft are operating as aircraft; and (3) any other statutory or regulatory changes related to authority of the Federal Aviation Administration over operations of the craft. SEC. 8432. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.    Deadline. Consultation. Update. Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall update the Northern Michigan Area Contingency Plan to include a worst-case discharge from a pipeline in adverse weather conditions. SEC. 8433. DOCUMENTATION OF LNG TANKERS. (a) “Safari Voyager”.— (1) In general.— Notwithstanding sections 12112 and 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with a coastwise endorsement for the vessel Safari Voyager (International Maritime Organization number 8963753). (2) Revocation of effectiveness of certificate.— A certificate of documentation issued under paragraph (1) is revoked on the date of the sale of the vessel or the entity that owns the vessel. (b) “Pacific Provider”.— (1) In general.— Notwithstanding sections 12112 and 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Pacific Provider (United States official number 597967). (2) Revocation of effectiveness of certificate.— A certificate of documentation issued under paragraph (1) is revoked on the date of the sale of the vessel or the entity that owns the vessel. (c) America’s Cup Act of 2011.— Section 7(b) of the America’s Cup Act of 2011 (Public Law 112–61) 125 Stat. 754. is amended— (1) in paragraph (3)— (A) by striking “of the vessel on the date of enactment of this Act”; and (B) by inserting before the period the following: “, unless prior to any such sale the vessel has been operated in a coastwise trade for not less than 1 year after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and prior to sale of vessel”; (2) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (1) the following: “(2) Limitation on ownership.— The Secretary of the department in which the Coast Guard is operating may only issue a certificate of documentation with a coastwise endorsement to a vessel designated in paragraph (1) if the owner of the vessel is an individual or individuals who are citizens of the United States, or is an entity deemed to be such a citizen under section 50501 of title 46, United States Code. “(3) Limitation on repair and modification.— “(A) Requirement.— Any qualified work shall be performed at a shipyard facility located in the United States. “(B) Exceptions.— The requirement in subparagraph (A) does not apply to any qualified work— “(i) for which the owner or operator enters into a binding agreement no later than 1 year after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020; or “(ii) necessary for the safe towage of the vessel from outside the United States to a shipyard facility in the United States for completion of the qualified work. “(C) Definition.— In this paragraph, qualified work means repair and modification necessary for the issuance of a certificate of inspection issued as a result of the waiver for which a coastwise endorsement is issued under paragraph (1).” . SEC. 8434. REPLACEMENT VESSEL.   Notwithstanding section 208(g)(5) of the American Fisheries Act (Public Law 105–277; 16 U.S.C. 1851 note), a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of such Act shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless that vessel is also a replacement vessel under section 679.4(o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act. SEC. 8435. EDUCATIONAL VESSEL. (a) In General.— Notwithstanding section 12112(a)(2) of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel Oliver Hazard Perry (IMO number 8775560; United States official number 1257224). (b) Termination of Effectiveness of Endorsement.— The coastwise endorsement authorized under subsection (a) for the vessel Oliver Hazard Perry (IMO number 8775560; United States official number 1257224) shall expire on the first date on which any of the following occurs: (1) The vessel is sold to a person, including an entity, that is not related by ownership or control to the person, including an entity, that owned the vessel on the date of the enactment of this Act. (2) The vessel is rebuilt and not rebuilt in the United States (as defined in section 12101(a) of title 46, United States Code). (3) The vessel is no longer operating in primary service as a sailing school vessel. SEC. 8436. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED STATES FOR CERTAIN PURPOSES.   The Coalbank Slough in Coos Bay, Oregon, is deemed to not be navigable waters of the United States for all purposes of subchapter J of Chapter I of title 33, Code of Federal Regulations. SEC. 8437. ANCHORAGES. (a) In General.— The Secretary of the department in which the Coast Guard is operating shall suspend the establishment of new anchorage grounds on the Hudson River between Yonkers, New York, and Kingston, New York, under section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) or chapter 700 of title 46, United States Code. (b) Restriction.— The Commandant may not establish or expand any anchorage grounds outside of the reach on the Hudson River described in subsection (a) without first providing notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days prior to the establishment or expansion of any such anchorage grounds. (c) Savings Clause.— Nothing in this section— (1) prevents the master or pilot of a vessel operating on the reach of the Hudson River described in subsection (a) from taking actions necessary to maintain the safety of the vessel or to prevent the loss of life or property; or (2) shall be construed as limiting the authority of the Secretary of the department in which the Coast Guard is operating to exercise authority over the movement of a vessel under section 70002 of title 46, United States Code, or any other applicable laws or regulations governing the safe navigation of a vessel. (d) Study.— The Commandant of the Coast Guard, in consultation with the Hudson River Safety, Navigation, and Operations Committee, shall conduct a study of the Hudson River north of Tarrytown, New York to examine— (1) the nature of vessel traffic including vessel types, sizes, cargoes, and frequency of transits; (2) the risks and benefits of historic practices for commercial vessels anchoring; and (3) the risks and benefits of establishing anchorage grounds on the Hudson River. (e) Report.— Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, conclusions, and recommendations from the study required under subsection (d). SEC. 8438. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON VERTICAL EVACUATION FOR TSUNAMIS AT COAST GUARD STATIONS IN WASHINGTON AND OREGON. (a) Study.— (1) In general.— The Comptroller General of the United States shall conduct a study that examines the potential use, in the event of a Cascadia subduction zone event, of a vertical evacuation of Coast Guard personnel stationed at United States Coast Guard Station Grays Harbor and Sector Field Office Port Angeles, Washington, and at United States Coast Guard Station Yaquina Bay and United States Coast Guard Motor Lifeboat Station Coos Bay, Oregon, and the dependents of such Coast Guard personnel housed in Coast Guard housing. (2) Elements.— The study required under paragraph (1) shall analyze the following: (A) The number of such personnel and dependents to be evacuated. (B) The resources available to conduct an evacuation, and the feasibility of a successful evacuation in a case in which inundation maps and timelines are available. (C) With the resources available, the amount of time needed to evacuate such personnel and dependents. (D) Any resource that is otherwise available within a reasonable walking distance to the Coast Guard facilities listed in paragraph (1). (E) The benefit to the surrounding community of such a vertical evacuation. (F) The interoperability of the tsunami warning system with the Coast Guard communication systems at the Coast Guard facilities listed in paragraph (1). (G) Current interagency coordination and communication policies in place for emergency responders to address a Cascadia subduction zone event. (b) Report.— Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the findings, conclusions, and recommendations, if any, from the study required under subsection (a). SEC. 8439. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL COAST GUARD MUSEUM ASSOCIATION. (a) In General.— Section 316 of title 14, United States Code, is amended to read as follows: “§ 316. National Coast Guard Museum “(a) Establishment.— The Commandant may establish, accept, operate, maintain and support the Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut. “(b) Use of Funds.— “(1) The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section. “(2) Subject to the availability of appropriations, the Secretary may expend funds appropriated to the Coast Guard on the engineering and design of a Museum. “(3) The priority for the use of funds appropriated to the Coast Guard shall be to preserve, protect, and display historic Coast Guard artifacts, including the design, fabrication, and installation of exhibits or displays in which such artifacts are included. “(c) Funding Plan.— Not later than 2 years after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and at least 90 days before the date on which the Commandant accepts the Museum under subsection (f), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for constructing, operating, and maintaining such Museum, including— “(1) estimated planning, engineering, design, construction, operation, and maintenance costs; “(2) the extent to which appropriated, nonappropriated, and non-Federal funds will be used for such purposes, including the extent to which there is any shortfall in funding for engineering, design, or construction; “(3) an explanation of any environmental remediation issues related to the land associated with the Museum; and “(4) a certification by the Inspector General of the department in which the Coast Guard is operating that the estimates provided pursuant to paragraphs (1) and (2) are reasonable and realistic. “(d) Construction.— “(1) The Association may construct the Museum described in subsection (a). “(2) The Museum shall be designed and constructed in compliance with the International Building Code 2018, and construction performed on Federal land under this section shall be exempt from State and local requirements for building or demolition permits. “(e) Agreements.— Under such terms and conditions as the Commandant considers appropriate, notwithstanding section 504, and until the Commandant accepts the Museum under subsection (f), the Commandant may— “(1) license Federal land to the Association for the purpose of constructing the Museum described in subsection (a); and “(2) (A) at a nominal charge, lease the Museum from the Association for activities and operations related to the Museum; and “(B) authorize the Association to generate revenue from the use of the Museum. “(f) Acceptance.— Not earlier than 90 days after the Commandant submits the plan under subsection (c), the Commandant shall accept the Museum from the Association and all right, title, and interest in and to the Museum shall vest in the United States when— “(1) the Association demonstrates, in a manner acceptable to the Commandant, that the Museum meets the design and construction requirements of subsection (d); and “(2) all financial obligations of the Association incident to the National Coast Guard Museum have been satisfied. “(g) Services.— The Commandant may solicit from the Association and accept services from nonprofit entities, including services related to activities for construction of the Museum. “(h) Authority.— The Commandant may not establish a Museum except as set forth in this section. “(i) Definitions.— In this section: “(1) Museum.— The term ‘Museum’ means the National Coast Guard Museum. “(2) Association.— The term ‘Association’ means the National Coast Guard Museum Association.” . (b) Briefings.— Not later than March 1 of the fiscal year after the fiscal year in which the report required under subsection (d) of section 316 of title 14, United States Code, is provided, and not later than March 1 of each year thereafter until 1 year after the year in which the National Coast Guard Museum is accepted pursuant to subsection (f) of such section, the Commandant shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the following issues with respect to the Museum: (1) The acceptance of gifts. (2) Engineering. (3) Design and project status. (4) Land ownership. (5) Environmental remediation. (6) Operation and support issues. (7) Plans. SEC. 8440. VIDEO EQUIPMENT; ACCESS AND RETENTION OF RECORDS. (a) Maintenance and Placement of Video Surveillance Equipment.— Section 3507(b)(1) of title 46, United States Code, is amended— (1) by striking “The owner” and inserting the following: “(A) In general.— The owner” ; (2) by striking “, as determined by the Secretary”; and (3) by adding at the end, the following: “(B) Placement of video surveillance equipment.— “(i) In general.— Not later than 18 months after the date of the enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, the Commandant in consultation with other relevant Federal agencies or entities as determined by the Commandant, shall establish guidance for performance of the risk assessment described in paragraph (2) regarding the appropriate placement of video surveillance equipment in passenger and crew common areas where there is no reasonable expectation of privacy. “(ii) Risk assessment.— Not later than 1 year after the Commandant establishes the guidance described in paragraph (1), the owner shall conduct the risk assessment required under paragraph (1) and shall— “(I) evaluate the placement of video surveillance equipment to deter, prevent, and record a sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary, crew complement, number of passengers, passenger demographics, and historical data on the type and location of prior sexual assault incident allegations; “(II) incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment; “(III) arrange for the risk assessment to be conducted by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior; and “(IV) the independent third party referred to in paragraph (C) shall be a company that has been accepted by a classification society that is a member of the International Association of Classification Societies (hereinafter referred to as ‘IACS’) or another classification society recognized by the Secretary as meeting acceptable standards for such a society pursuant to section 3316(b). “(C) Surveillance plan.— Not later than 180 days after completion of the risk assessment conducted under subparagraph (B)(ii), the owner of a vessel shall develop a plan to install video surveillance equipment in places determined to be appropriate in accordance with the results of the risk assessment conducted under subparagraph (B)(ii), except in areas where a person has a reasonable expectation of privacy. Evaluation. Approval. Such plan shall be evaluated and approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent and record criminal behavior that has been accepted as set forth in paragraph (2)(D). “(D) Installation.— The owner of a vessel to which this section applies shall, consistent with the surveillance plan approved under subparagraph (C), install appropriate video surveillance equipment aboard the vessel not later than 2 years after approval of the plan, or during the next scheduled drydock, whichever is later. “(E) Attestation.— At the time of initial installation under subparagraph (D), the vessel owner shall obtain written attestations from— “(i) an IACS classification society that the video surveillance equipment is installed in accordance with the surveillance plan required under subparagraph (C); and “(ii) the company security officer that the surveillance equipment and associated systems are operational, which attestation shall be obtained each year thereafter. “(F) Updates.— The vessel owner shall ensure the risk assessment described in subparagraph (B)(ii) and installation plan in subparagraph (C) are updated not later than 5 years after the initial installation conducted under subparagraph (D), and every 5 years thereafter. Approval. The updated assessment and plan shall be approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent, and record criminal behavior that has been accepted by an IACS classification society. The vessel owner shall implement the updated installation plan not later than 180 days after approval. “(G) Availability.— Each risk assessment, installation plan and attestation shall be protected from disclosure under the Freedom of Information Act, section 552 of title 5 but shall be available to the Coast Guard— “(i) upon request, and “(ii) at the time of the certificate of compliance or certificate of inspection examination. “(H) Definitions.— For purposes of this section a ‘ship security officer’ is an individual that, with the master’s approval, has full responsibility for vessel security consistent with the International Ship and Port Facility Security Code.” . (b) Access to Video Records; Notice of Video Surveillance.— Section 3507(b) of title 46, United States Code, is further amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following: “(2) Notice of video surveillance.— The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment.” ; (3) in paragraph (3), as so redesignated— (A) by striking “The owner” and inserting the following: “(A) Law enforcement.— The owner” ; and (B) by adding at the end the following: “(B) Civil actions.— Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual’s legal representative a copy of all records of video surveillance— “(i) in which the individual is a subject of the video surveillance; and “(ii) that may provide evidence of any sexual assault incident in a civil action. “(C) Limited access.— The owner of a vessel to which this section applies shall ensure that access to records of video surveillance is limited to the purposes described in this paragraph.” . (c) Retention Requirements.— (1) In general.— Section 3507(b) of title 46, United States Code, is further amended by adding at the end the following: “(4) Retention requirements.— The owner of a vessel to which this section applies shall retain all records of video surveillance for not less than 20 days after the footage is obtained. The vessel owner shall include a statement in the security guide required by subsection (c)(1)(A) that the vessel owner is required by law to retain video surveillance footage for the period specified in this paragraph. Determination. If an incident described in subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall— “(A) be provided to the Federal Bureau of Investigation; and “(B) be preserved by the vessel owner for not less than 4 years from the date of the alleged incident.” . (2) Administrative provisions.— (A) Study and report.— Each owner of a vessel to which section 3507 of title 46, United States Code, applies shall, not later than March 1, 2023, submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the total number of voyages for the preceding year and the percentage of those voyages that were 30 days or longer. (B) Interim standards.— Not later than 180 days after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance. (C) Final standards.— Not later than 1 year after the date of enactment of this Act, the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance. (D) Considerations.— In promulgating standards under subparagraphs (B) and (B), the Commandant shall— (i) consider factors that would aid in the investigation of serious crimes, including the results of the report by the Commandant provided under subparagraph (A), as well as crimes that go unreported until after the completion of a voyage; (ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; (iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and (iv) consider technological advancements, including requirements to update technology. SEC. 8441. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS. (a) In General.— Section 3306 of title 46, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting “, including covered small passenger vessels (as defined in subsection (n)(5))” after “vessels subject to inspection”; and (B) in paragraph (5), by inserting before the period at the end “, including rechargeable devices utilized for personal or commercial electronic equipment”; and (2) by adding at the end the following: “(n) Covered Small Passenger Vessels.— “(1) Regulations.— The Secretary shall prescribe additional regulations to secure the safety of individuals and property on board covered small passenger vessels. “(2) Comprehensive review.— In order to prescribe the regulations under paragraph (1), the Secretary shall conduct a comprehensive review of all requirements (including calculations), in existence on the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, that apply to covered small passenger vessels, with respect to fire detection, protection, and suppression systems, and avenues of egress, on board such vessels. “(3) Requirements.— “(A) In general.— Subject to subparagraph (B), the regulations prescribed under paragraph (1) shall include, with respect to covered small passenger vessels, regulations for— “(i) marine firefighting training programs to improve crewmember training and proficiency, including emergency egress training for each member of the crew, to occur for all members on the crew— “(I) at least monthly while such members are employed on board the vessel; and “(II) each time a new crewmember joins the crew of such vessel; “(ii) in all areas on board the vessel where passengers and crew have access, including dining areas, sleeping quarters, and lounges— “(I) interconnected fire detection equipment, including audible and visual alarms; and “(II) additional fire extinguishers and other firefighting equipment; “(iii) the installation and use of monitoring devices to ensure the wakefulness of the required night watch; “(iv) increased fire detection and suppression systems (including additional fire extinguishers) on board such vessels in unmanned areas with machinery or areas with other potential heat sources; “(v) all general areas accessible to passengers to have no less than 2 independent avenues of escape that are— “(I) constructed and arranged to allow for free and unobstructed egress from such areas; “(II) located so that if one avenue of escape is not available, another avenue of escape is available; and “(III) not located directly above, or dependent on, a berth; “(vi) the handling, storage, and operation of flammable items, such as rechargeable batteries, including lithium ion batteries utilized for commercial purposes on board such vessels; “(vii) passenger emergency egress drills for all areas on the vessel to which passengers have access, which shall occur prior to the vessel beginning each excursion; and “(viii) all passengers to be provided a copy of the emergency egress plan for the vessel. “(B) Applicability to certain covered small passenger vessels.— The requirements described in clauses (iii), (v), (vii), and (viii) of subparagraph (A) shall only apply to a covered small passenger vessel that has overnight passenger accommodations. “(4) Interim requirements.— “(A) Interim requirements.— The Secretary shall, prior to issuing final regulations under paragraph (1), implement interim requirements to enforce the requirements under paragraph (3). “(B) Implementation.— The Secretary shall implement the interim requirements under subparagraph (A) without regard to chapters 5 and 6 of title 5 and Executive Order Nos. 12866 and 13563 (5 U.S.C. 601 note; relating to regulatory planning and review and relating to improving regulation and regulatory review). “(5) Definition of covered small passenger vessel.— In this subsection, the term ‘covered small passenger vessel’— “(A) except as provided in subparagraph (B), means a small passenger vessel (as defined in section 2101) that— “(i) has overnight passenger accommodations; or “(ii) is operating on a coastwise or oceans route; and “(B) does not include a ferry (as defined in section 2101) or fishing vessel (as defined in section 2101).” . (b) Section 3202.— Section 3202(b) of title 46, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking “This chapter” and inserting the following: “(1) In general.— This chapter” ; and (3) by adding at the end the following: “(2) Safety management system.— Notwithstanding any other provision in this chapter, including paragraph (1)(B), any regulations under section 3203, including the safety management system established by such regulations, issued on or after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, shall apply to all covered small passenger vessels, as defined in section 3306(n)(5).” . (c) Section 3203.— Section 3203(a) of title 46, United States Code, is amended by inserting “(including, for purposes of this section, all covered small passenger vessels, as defined in section 3306(n)(5))” after “vessels to which this chapter applies”.

8. 2025

   Pub. L. 119–60 div. G title LXXIII § 7301(k)(1)(C) · 139 Stat. 1759

   Substituted · 46 U.S.C. § 3202(a)(1)(A)

   Pub. L. 119–60 substituted “section 2101(31)(A)” for “section 2101(29)(A)”

   Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 119–60 substituted “section 2101(31)(A)” for “section 2101(29)(A)”.

8 of 13 references resolved to an enrolled provision · 4 partial · 1 unresolved